Legal Opinion

Miller v. Chrisman

California Supreme Court

Decided September 30, 1903No. S.F. No. 2242PublishedCited by 46 opinions

The facts are stated in the opinion of the court. W. R. McQuiddy, Austin & Jones, George W. Jones, Reddy, Campbell & Metson, and Campbell, Metson & Campbell, for Appellants. The discovery of mineral is sufficient to protect a location. It need not be found in paying quantities. (Castle v. Womble, 19 L. D. 455; Tam v. Story, 24 L. D. 442; Book v. Justice Min.

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The facts are stated in the opinion of the court. W. R. McQuiddy, Austin & Jones, George W. Jones, Reddy, Campbell & Metson, and Campbell, Metson & Campbell, for Appellants. The discovery of mineral is sufficient to protect a location. It need not be found in paying quantities. (Castle v. Womble, 19 L. D. 455; Tam v. Story, 24 L. D. 442; Book v. Justice Min. Co., 58 Fed. 120-125; Lindley on Mines and Mining, sec. 376; United States v. Iron S. M. Co., 128 U. S. 673; Deffeback v. Hawke, 115 U. S. 392; Davis v. Weibold, 139 U. S. 517; Dower v. Richards, 151 U. S. 658.) Lands are not open…

1Opinion of the CourtHenshaw, J.

This action is to quiet title to the northeast quarter of section 20, township 19 south, range 15 east,. Mount Diablo base and meridian, in the county of Fresno,, state of California. All parties claim by virtue of locations-made under the mineral laws of the United States.

It is admitted that in the year 1895 the land in controversy was a part of the public domain of the United States, and open to exploration under its mineral laws. Upon the fourteenth day of June, 1895, one A. Barieau, on behalf of himself and seven others, as associates, went upon the land and posted a location notice.…

2Cases cited10 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Erhardt v. BoaroSupreme Court of the United States · 1885
  3. Atherton v. FowlerSupreme Court of the United States · 1878
  4. Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
  5. Richardson v. McNultyCalifornia Supreme Court · 1864

5 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Weed v. SnookCalifornia Supreme Court · 1904
  2. Davis v. NelsonCourt of Appeals for the Ninth Circuit · 1964
  3. McLemore v. Express Oil Co.California Supreme Court · 1910
  4. Smith v. Union Oil Co. of Cal.California Supreme Court · 1913
  5. People v. RankinCalifornia Court of Appeal · 1958

41 more not listed; retrieve them via the Exa API.

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